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ActiveWidgets Software License Agreement
This License Agreement is a legal agreement between you (either an individual
or a single entity) and ActiveWidgets SARL (we, us) for the software product
identified below, which includes computer software and may include associated
media, printed or electronic documentation and online services, hereafter
referred to as Software. By installing, copying, or otherwise using the
Software, you are agreeing to be bound by the terms of this Agreement. If you
do not agree to the terms of this Agreement, you are not authorized to use
this software.
1. SOFTWARE DESCRIPTION
This license agreement refers to:
ActiveWidgets 2.6 - Site License
2. OWNERSHIP, LICENSE GRANT
This is a license agreement and not an agreement for sale. We continue to own
the title, copyright, and other intellectual property rights in the Software
and its Modifications. We grant to you a limited, non-transferable and non-
exclusive right to use, copy and modify the Software and/or Modifications by
unlimited developers working at a single location (physical address). And we
retain all rights not expressly granted to you in this Agreement.
3. PERMITTED USES, SOURCE CODE, MODIFICATIONS
We provide you with a source code so that you can create Modifications of the
original Software, where Modification means: a) any addition to or deletion
from the contents of a file included into the original Software or previous
Modification or b) any new file that contains any part of the original
Software or previous Modifications. Any such Modifications and all rights
associated therewith will be the exclusive property of us and your rights to
the Modifications will be limited to those granted by this Agreement with
regard to the original Software. You hereby assign all right, title and
interest in and to such Modifications to us and agree to secure all necessary
rights and obligations from relevant employees, or third parties in order to
satisfy the above obligations.
4. PROHIBITED USES
You may not, without prior written consent of ActiveWidgets, redistribute
the Software or Modifications other than including its parts or as a whole
into your own product, which must have substantially different functionality
than the Software or Modifications and must not allow any third party to use
the included parts of the Software or Modifications for the software
development purposes. You are explicitly not allowed redistributing the
Software or Modifications as part of the product, which can be described as a
development toolkit or library and which is intended for use by software
developers and not end-users. You are not allowed to redistribute any part of
the Software documentation.
You may not: a) use any part of the Software or Modifications or your
knowledge of the Software to create a product with the same or substantially
the same functionality as the Software; b) transfer, rent, lease, or
sublicense the Software or Modifications; c) change or remove the copyright
notice from any of the files included into the original Software or
Modifications.
5. DISTRIBUTION AND ROYALTIES
This agreement entitles you to the royalty free distribution of Software in
any applications, frameworks, or elements developed using the Software, which
do not violate restrictions set in section 4 of this agreement.
Client side elements of the Software are licensed royalty free. The license
fee covers the use of client side elements in design time. No additional
license fees must be paid to distribute applications, frameworks, or elements
developed using the Software.
Server side elements of the Software are licensed deployment free. The
license fee covers the use of server side elements of the software in design
time. No additional license fees must be paid to deploy applications,
frameworks, or elements developed using the Software.
6. TERMINATION
This Agreement and your right to use the Software or Modifications will
terminate immediately without notice if you fail to comply with the terms and
conditions of this Agreement. Upon termination, you agree to destroy the
Software or Modifications, including all accompanying documents.
7. NO WARRANTY
Unless required by applicable law or agreed to in writing, the Software is
provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
either express or implied, including, without limitation, any warranties or
conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Software or Modifications and
assume any risks associated with your exercise of permissions under this
Agreement.
8. LIMITATION OF LIABILITIES
In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law (such
as deliberate and grossly negligent acts) or agreed to in writing, shall we
be liable to you for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a result of
this Agreement or out of the use or inability to use the Software or
Modifications (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all other
commercial damages or losses), even if we have been advised of the
possibility of such damages.
9. MISCELLANEOUS
While redistributing the Software or Modifications thereof, you may choose
to offer acceptance of support, warranty, indemnity, or other liability
obligations and/or rights consistent with this Agreement. However, in
accepting such obligations, you may act only on your own behalf and on your
sole responsibility, not on our behalf, and only if you agree to indemnify,
defend, and hold us harmless for any liability incurred by, or claims
asserted against, us by reason of your accepting any such warranty or
additional liability.